After Harris, Ontario’s administrative justice system had become a generally admired system. This post describes the features of that system as it existed pre-Ford; outlines the retrograde policies that have been introduced by the Ford administration; and projects the consequences that will surely follow.
Administrative Justice in the Ford Era – A System in Crisis Read More »
Disability Benefits Conflict Eliminatus A Call For Conflict-Free Initial Adjudication The Conflict Problem The organizations that administer statutory disability benefit programs are also the organizations that adjudicate the claims for those benefits. And it is self-evident that in their statutory
Government Disability benefits – Conflicted Adjudication Needs Fixing Read More »
Toronto Star, front-page headline – October 5, 2017 “Tribunal Overturns WSIB Practice of Cutting Migrant Aid” NOT ACTUALLY TRUE Time for a Statutory Reform of the Final-Say Procedures The Issue The migrant-worker decision of the Ontario Workplace Safety and Insurance
Workers Comp and the Final-Say Procedures—Time for Statutory Reform Read More »
The Issue and The Context The Board’s post November 2014 operational policies in which the level of permanent impairment resulting from a workplace injury is to be determined by discounting for asymptomatic pre-existing conditions constitute an arbitrary and unlawful repudiation
ONT. WSIB—Getting the Pe-Existing Conditions Policy Before the Courts, Now! Read More »
A SURPRISE, A MISSED OPPORTUNITY Pre-existing, Asymptomatic DDD Conditions Not Grounds for Impairment-Rating Reductions (As a Matter of Interpretation) INTRODUCTION If the Ontario WSIB thought that through its November 2014 publication of its Operational Policy on “Determining the Degree of